1. You have three (3) hours to complete this exam.

2. This exam is closed book; no materials are allowed.

3. There are two parts to this exam. Part I is to be answered on a ParScore form. Part II is to be answered in blue books (or typed). If you answer Part II in a blue book, please write on every other line.

Special instructions for Part I:
You are to answer all questions according to the Federal Rules of Evidence unless the question indicates otherwise or unless a question of evidentiary privilege is raised in which latter case, you should apply the California Evidence Code, unless the question indicates otherwise.

Special Instructions for Part II:
You are to base your answers on the Federal Rules. However, in those areas where there are significant differences in the Federal Rules and the California Code, you should contrast how each would apply. In the area of privilege, you should base your answers on the California Code but again you should note any material differences between California and Federal law.

Deal with all issues raised even though you believe disposition of one is controlling.

5. Write your exam number on this exam envelope, all used blue books, at the top of this exam packet, and on the ParScore answer sheet. Do not use your name, student ID number, or Social Security Number on any exam materials.

6. At the conclusion of the exam, return all test materials, including blue books, ParScore answer sheet, scratch paper, and this exam packet to the envelope and submit it to the proctor. DO NOT seal the envelope. Students who do not return all exam materials at the end of the exam will not be graded.

GOOD LUCK!

PART II – ESSAY

People v. Defendant

Darrel Defendant is charged with assault with intent to kill. The prosecution alleges that he attacked Vernon Victim with a knife, leaving Victim seriously injured with several knife wounds. Defendant claims he was acting in self-defense and that he only took out his knife after Victim had attacked him with an axe. The following evidence was admitted at trial. Assume all appropriate objections were made. Was the following evidence properly admitted? Why or why not?

During its case in chief, the prosecution offered a transcript of the testimony of Wilma Witness, given at the preliminary hearing in this case. At the preliminary hearing, Witness’s testimony was that Defendant started the fight and that Victim was the one trying to defend himself. Defendant’s attorney asked no questions of Witness at the preliminary hearing. The prosecutor indicated that Witness was not in court today because she preferred not to miss any more time from work and felt testifying at the preliminary hearing was enough.

The prosecution next offered the testimony of Brendon Bailiff. Bailiff was standing guard in the courtroom during Defendant’s preliminary hearing. At one point, he was standing right behind the table where Defendant and his attorney were seated. Bailiff heard Defendant whisper to his attorney, “Get me a deal. I’ll plead to anything as long as I don’t have to do time.”

Defendant took the stand as part of his defense. At one point in his testimony he said, “I was very afraid of Victim. I heard that he carried an axe and that he had used it on more than one occasion.”

On rebuttal, the prosecution called Norbert Neighbor who testified that two years ago Defendant assaulted him with a knife.

END OF EXAM